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    Google’s Justice Department trial could test the future of antitrust law

    enSeptember 08, 2023

    Podcast Summary

    • Google's dominance in search under antitrust scrutinyGoogle's default search engine status on Android and Apple devices is under investigation for hindering competition from smaller search engines, despite consumers having the ability to change search engines. Legal experts argue that defaults are influential and Google's large payments to maintain default status contradict their claim of fair competition.

      The dominance of Google in the search market, accounting for nearly 90% of all search queries in the US, is under scrutiny in an upcoming antitrust trial. The government argues that Google's contracts with Android and Apple, making Google the default search engine, hinder competition from smaller search engines like DuckDockGo and Bing. Google's defense is that consumers have the choice to change their search engines and that they have won the competition. However, legal expert Rebecca Allensworth points out that defaults are powerful and sticky, and Google's large payments to Apple and Android to maintain default status contradict their claim of winning the competition fair and square. The case of Microsoft shows that defaults matter and can be considered exclusive dealing even without true exclusivity.

    • Google Antitrust Case: A Modern-Day Microsoft?The DOJ and several states' antitrust lawsuit against Google has seen significant developments, including a narrowing of claims to one central issue and comparisons to the Microsoft antitrust case of 1998. The trial, which is closely watched, is set to determine Google's market power and potential monopolistic practices.

      The ongoing antitrust lawsuit against Google by the Department of Justice (DOJ) and several states, which began in 2020, has seen significant developments over the past three years. The case, which is being compared to the landmark Microsoft antitrust case of 1998, has gone through extensive discovery and a motion for summary judgment, resulting in the narrowing of the claims to one central issue. The similarities between the two cases are striking, with some language in the government's complaint against Google mirroring that of the Microsoft case. The trial, which has yet to take place, is being closely watched as one of the most important antitrust cases since the Microsoft trial, which was decided in 2001. Other significant cases, such as the FTC's case against Meta, are also awaiting trial.

    • Google antitrust case mirrors Microsoft's past dominance tacticsThe Microsoft case's outcome raises questions about the effectiveness of the ongoing Google antitrust case in restoring competition, as the delay in decision-making contributed to Netscape's downfall and the case's remedy failed to fully address Microsoft's dominance.

      The ongoing Google antitrust case bears striking similarities to the Microsoft case from the late 1990s, with both tech giants attempting to maintain their market dominance through default settings. The Microsoft case, which saw the government win on the legal front but lose on the remedy, serves as a precedent, raising questions about whether this case will effectively restore competition. The delay in decision-making in the Microsoft case contributed to Netscape's downfall. The biggest stake in the current Google antitrust case is whether it will uphold the promise of Microsoft case law in holding tech platforms accountable to competition laws. Many scholars believe Microsoft offers a roadmap for restoring competition in the tech industry.

    • Tech companies' market power and consumer attentionAntitrust regulations aim to encourage competition and alternatives, potentially leading to a more efficient use of consumer time and attention, while the dominance of companies like Google raises questions about their impact on consumers and market efficiency.

      Antitrust regulations and the competition landscape are crucial issues for tech companies, particularly in relation to consumer behavior and market power. The discussion highlights how consumers may not directly pay for tech products with dollars and cents, but their attention and data are valuable commodities. The dominance of companies like Google raises questions about the impact on consumers, as they may be presented with unwanted products or advertisements, leading to a less efficient use of their time and attention. The history of tech companies' early market dominance and the political and societal context are also significant factors contributing to their current market power. Antitrust regulations aim to encourage more competition and alternatives, potentially resulting in a more elegant and cost-effective user experience.

    • Google's Monopolistic Status on TrialThe ongoing antitrust trial against Google could impact its monopolistic status, consumer choices, and the tech industry's future.

      The ongoing antitrust trial against Google could potentially determine the tech giant's monopolistic status in the industry. Rebecca Allensworth, a professor at Vanderbilt Law, explains that once a monopoly is established, it's difficult to dismantle. Google has acknowledged having monopoly power but may argue for competitors during the trial. The judge's decision to evaluate each act individually instead of holistically could pose a challenge for the plaintiffs. Google, in response, calls the case "backwards looking" and highlights its role in fostering innovation and competition. This case echoes the government antitrust case against Microsoft in 1998, which led to significant changes in the tech landscape. Ultimately, the outcome of this trial could significantly impact the tech industry and consumer choices.

    • A podcast explaining money concepts to kidsMillion Bazillion makes complex money topics understandable for kids through engaging episodes based on real listener questions

      "Million Bazillion," a podcast from Marketplace, provides kids with engaging and informative answers to their complex questions about money. Executive Producer Kelly Silvera and host Lily Jamali make the often confusing world of finance accessible for children. Each episode tackles real inquiries from kid listeners, addressing topics such as college accounts, unions, and even the purpose of Fort Knox's gold reserves. By tuning in, parents can help their kids develop a better understanding of how money fits into the world around them. Listen to Million Bazillion on your favorite podcast platform.

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